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Terms & Conditions

Please ensure that you review all the following terms and conditions of Longtale Travel Inc. dba Forks&Trowels.com (“Forks and Trowels”,“Forks&Trowels”, or the “company”) carefully before using www.forksandtrowels.com (“our Website”).

Your use of, and access to, any page or part of our website indicates that you acknowledge, agree to comply with and be bound by all of these terms and conditions.

Summary of Services

Forks&Trowels is an online platform for users (“Travellers”) to find unique opportunities to explore, participate and partake in meaningful travel experiences including, but not limited to volunteer trips, photo safari’s, wildlife encounters, active adventures, educational trips, cultural immersion, and any other travel with a services, experiential, eco/green, or learning factor (“Services”). These trips may have international or domestic destinations.

Travelers, and other visitors and users of the Services (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. Users may Submit Content relevant to the Services (“User Submissions”).

Our Terms

Some of our Services may be subject to additional terms and conditions adopted by third party suppliers and your use of those Services is subject to those additional terms and conditions. The Company may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.

The Company also reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue all or some of the Services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. Your continued use of the Services constitutes reviewing the Terms of Use for changes and acceptance of those changes.

Use of Website

As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms of Use or law. The Services are provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Services. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that: is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tort interference, obscene, offensive, profane, or invasive of another’s privacy; you know is false, misleading, or inaccurate; infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract; constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; impersonates any person or entity, including any employee or representative of the Company (Note: organizations that place, host, or otherwise serve volunteers, travelers, or other users, are not permitted to post reviews, testimonials, or other endorsements on behalf of their volunteers, travelers, or users without prior consent); contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; and/or in any way that constitutes an abuse of the Services, including, but not limited to the access of the Services in order to establish a similar or competitive Services, bypass any measures the Company may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services); take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; run Listserv, Maillist or any form of auto-responder or “spam” on the Services; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not use as a User ID, domain name, and if applicable a fundraising campaign name or term that is the name of another person, with the intent to impersonate that person; is subject to any rights of another person, without appropriate authorization; or is otherwise offensive, vulgar, or obscene. The Company reserves the right to, at any time, for any reason, and without notice: remove or block any User or User Submission; delete, edit, or modify any Content, including, but not limited to, any User Submission; cancel, reject, interrupt, remove, or suspend a fundraising campaign; terminate the use of a volunteer abroad organization that knowingly and willingly adds content that is false, misleading, or inaccurate. The Company reserves the right not to comment on the reasons for any of these actions.

Third-Party Sites

The Services may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company.

You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or Services available through any third-party website or resource. Note:Forks&Trowels is not responsible for verifying or guaranteeing the accuracy of any information posted by its users including, but not limited to, Fundraisers, Volunteers, Donors, Advertisers of any kind, Volunteer Organizations, Lodging Operations, Ground Handlers, Tour Planners, Activity Operators, Non-Profits/Charities, and Destination Management Organizations. Any decision to utilize a third-party’s Services is done at YOUR OWN RISK.

Accreditation

You must ensure that all Forks&Trowels content on your site has an accreditation to theForks&Trowels website. Where possible, you must create a functional link back to the Forks&Trowels home page or the site page showing your Campaign. If this is not possible, you must display on – screen the URL from which the Forks&Trowels content can be obtained. You may not directly or indirectly change, edit, add to or produce summaries of theForks&Trowels content or any content on the SEEtheWILD website nor place any full – storyForks&Trowels content in an HTML frame – set. AnyForks&Trowels RSS feed orForks&Trowels content on your site must incorporate an attribution (credit) toForks&Trowels in one of the following forms: ”From Forks&Trowels.com”, or ”This content/article is from Forks&Trowels Website”. If you are displaying a Forks&Trowels RSS feed in a context where a functional link back to the article on the Forks&Trowels’ website is not possible then you must using the following attribution (credit) ”From Forks&Trowels.com”. You may not use any Forks&Trowels logo or other Forks&Trowels trademark without explicit permission from Forks&Trowels.

Online Community

Forks&Trowels provides its online space to you which may be updated byForks&Trowels from time to time without notice to you. In order to use our online space, you must obtain access to the World Wide Web, either directly or through devices that access web – based content, and pay any Services and/or telephone fees associated with such access. Users and Visitors, Forks&Trowels’ participation in social media is primarily to facilitate its Services. We also keep striving to strengthen our brand. Given the magnitude and scope of the internet, we believe it’s important that when using media that gives the impression of speaking of Forks&Trowels, that below conduct guidelines are followed.

Further, Forks&Trowels social media site articles and comments not complying with our conduct guide will be removed, solely at our discretion. The following is not permitted on our site and our affiliated sites: Comments not topically related to the particular social medium article being commented upon; Profane language or content; Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, colour, age, religion, gender, marital status, national origin, physical or mental disability or sexual orientation; Sexual content or links to sexual content; Conduct or encouragement of illegal activity; Comments in support of or opposition to political campaigns; Information that tend to compromise the safety or security of a person; Content that violates legal ownership interest of any other party; Solicitations for commerce that is not approved and/or authorized by LongTale Travel Inc.; Forks&Trowels strives to use social media responsibly to keep abreast of new trends and topics, and to share information and perspectives by following the above and in addition: We will use ever effort to keep our interactions factual and accurate. If there are any mistakes we will accept responsibility and will publicly correct.

We will strive for transparency and openness n our interactions and will never seek to “spin” information. When replying to comments, we will respond efficiently, accurately, appropriately, and respectfully. When linking to online resources, we will link from original sources only. The content of our Blog, Twitter and our Facebook pages posting shall be owned byForks&Trowels. Any link content of embedded hyperlinks posted by our Users will be evaluated and for authenticity, accuracy, appropriateness and security. Forks&Trowels may limit one’s comments on the same topic to 2 posting, especially when third posting has no new added value to the second posting.

Content and License

You agree that the Services contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, Services marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Services. The Company grants to each User of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

Intellectual Property of Users

By Submitting User Submissions on the Site or otherwise through the Services, you agree to the following terms: The Company will not have any ownership rights over your User Submissions. However, the Company needs the following license to perform and market the Services on your behalf and on behalf of its other Users and itself: You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, Services marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Services, (b) the Company’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Services; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Services; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Services. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions. You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission. You grant to each User a non-exclusive license to access your User Submissions through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. Forks&Trowels takes copyright infringement violations very seriously. You agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Forks&Trowels all of the license rights granted herein. You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Services or the Company’s publishing or hosting of the User Submissions as contemplated by these Terms of Use. The use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions. All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated. The Company will not be liable for any errors or omissions in any Content. The Company cannot guarantee the identity of any other Users with whom you may interact while using the Services.

All Content you access through the Services is at your own risk and you will be solely responsible for any resulting damage or loss to any party.Forks&Trowels has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Forks&Trowels also may terminate User accounts even based on a single infringement.

Termination

The Company may terminate your access to the Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees and/or Campaign funds paid to the Company are non-refundable. Campaign funds will be forwarded to the assigned volunteer organization.

All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Warranty Disclaimer The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves, their campaigns, or their Services. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.

The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Services. THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.

The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services. Indemnification You shall defend, indemnify, and hold harmless the Company, its affiliates, agents, employees, officers, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses. Limitation of Liability IN NO EVENT SHALL THE COMPANY, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) DAMAGES OR LOSS RELATED TO DISPUTES BETWEEN USERS, OR USERS AND ANY THIRD PARTY (E.G. DELIVERY OF GOODS AND SERVICES, AND OTHER TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH CAMPAIGNS ON THE SITE) OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED CANADIAN DOLLARS ($100.00 CDN).

International Accessing the Services is prohibited from territories where the Content is illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws. Electronic Delivery, Notice Policy, and Your Consent By using the Services, you consent to receive from Forks&Trowels all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically.Forks&Trowels may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services. Information About You Forks&Trowels will store and use the information you supply us or which is supplied to us in your use of this Website (“your information”) for the purposes set out in our Privacy Policy. You agree to using your information with the purposes that it was intended with regards to the products and Services provided on this Website. In order to process your contribution for a fundraiser or payment for volunteering travel, Forks&Trowels needs to use the personal information that you provide.

Our Privacy Policy outlines the purposes of use of your information. Setting up an Online Account for managing your fundraising and/or volunteering will require that you keep your login password private and safe. Please do not provide your password to a third party. You create your password at initial login. You will be able to change your password under the Manage Account page. Please ensure that you Logout of your account when you have finished using it to prevent other people viewing your account.

Governing Law

These Terms of Services (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of British Columbia, Canada. By accessing this Website you are agreement that the courts of Vancouver BC Canada will be the exclusive jurisdiction for any disputes that may arise between you and Forks&Trowels. Integration and Severability These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Services and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Attorney’s Fees In the event a dispute arises concerning the performance, meaning or interpretation of any provision of this Agreement, the defaulting party or the party not prevailing in such dispute shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights hereunder, including, without limitation, court costs and attorneys’ fees. In addition to the foregoing award of attorneys’ fees to the prevailing party, the prevailing party in any lawsuit on this Agreement shall be entitled to its attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.

A party shall be considered the prevailing party if (a) it initiated the litigation and substantially obtains the relief it sought, either through a judgment or the losing party’s voluntary action before trial or judgment; (b) the other party withdraws its action without substantially obtaining the relief it sought; or (c) it did not initiate the litigation and judgment is entered for either party, but without substantially granting the relief sought. Force Majeure The Company shall not be responsible for any failure to perform its obligations under this Agreement if such failure is caused by acts of God, war, strikes, revolutions, lack or failure of transportation facilities, laws or governmental regulations or other causes that are beyond the reasonable control of the Company, including, without limitation, mechanical, electronic, or communications failure or degradation.

Notices

Except as otherwise expressly stated in this Agreement, all notices shall be in writing and emailed to the following address: notice@holidaysforhumanity.com

All notices to you shall be delivered to your e-mail address as provided by you in your account information. Such notice shall be considered to be received by you within 24 hours of the time it is e-mailed to you unless we receive notice that the email was not delivered. Assignment The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent.

Our Relationship

No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Capacity to Enter into Agreement

You represent and warrant that (a) you are at least 18 years of age and over the age of majority of the province/territory/state of your residence; (b) have the full power and authority to enter into and perform this Agreement; and (c) the execution and performance of this Agreement does not violate, conflict with, or result in a material default under any other contract or agreement to which you are a party, or by which you are bound.